Of the four former prosecutors among the seven Democrats running in the June primary, two — Greg Lasak and Mina Malik — are products of the deeply flawed Queens DA’s office.
In 2006, Julio Negron was convicted in Lasak’s courtroom of attempted murder after a road rage incident. Six years later, Negron brought forth evidence that the prosecution had withheld information about his neighbor’s arrest for gun charges that occurred precisely when the cops first collared Negron. But Lasak refused to hold a hearing on the new evidence.
In 2015, then-Chief Judge Jonathan Lippman wrote the Court of Appeals decision vacating Negron’s conviction, which maintained that Negron did not receive a fair trial and it was “error” by Lasak not to hold the follow-up hearing. Lippman ordered a new trial for Negron, but in 2017, Lasak ended up dismissing the indictment.
Lasak also appears to support the practice of smearing defendants, popular among Queens prosecutors. The judge made Ronald Ellis (who had been involved in the killing of NYPD officer Russel Timoshenko) wear prison garb for three days of jury selection and five days during the trial. Although the appellate division upheld the conviction, in her dissent Judge Betsy Barros delivered a stinging rebuke, arguing that Lasak’s “dismissive treatment” and “cursory denial” of Ellis’ objections led her “to the conclusion that not only was the defendant deprived of a fair trial, but that he should be tried again before a different Justice.”
During her time in the Queens DA’s Appeals Bureau, Malik also defended a number of dubious practices. In a 2001 ruling, the appellate division ordered a new trial because the prosecutor’s tactics included ridiculing the defendant in summation. “Of course he did it. This isn’t a question of who did it,” she remarked. A year later, the higher court dismissed an indictment because the ADA’s fouls during opening and closing statements were so “flagrant.” Malik helped the Appeals Bureau unsuccessfully fight to preserve both convictions.
The “win-at-all-costs” playbook is by no means exclusive to the Queens office. But under the late Richard Brown and his right-hand man, current acting DA John Ryan, a prosecutor’s won-loss record reportedly determined compensation and promotion decisions, thus incentivizing dirty tricks.
The Queens DA’s office, in short, needs a housecleaning.